Iraq Government Challenges Court Decision on Khor Abdullah Waterway Agreement

Kuwait City: Iraq's President Abdullatif Rashid and Prime Minister Mohammed Shia Al-Sudani have initiated separate appeals against the Federal Supreme Court's ruling that nullified an agreement regulating navigation in the Khor Abdullah waterway between Iraq and Kuwait.

According to Kuwait News Agency, the Iraqi government's appeal seeks to overturn the court's decision and reinstate the maritime agreement, which has been in place for over a decade between the Gulf Arab neighbors. The appeal was made following a personal request by the Iraqi president, who emphasized the agreement's alignment with international laws and conventions, as well as the constitutional support for principles of "good neighborliness" and non-interference in other countries' internal affairs.

The Iraqi Prime Minister also referenced the Vienna Convention on the Law of Treaties, which provides a framework for stable relations between states and prohibits member countries from using internal laws as a justification for violating the convention. He argued that the supreme court's decision contravenes an Iraqi constitutional clause that obligates Baghdad to adhere to international laws and principles concerning neighborly relations.

Both leaders clarified that the Khor Abdullah agreement is intended to regulate maritime navigation, rather than serve as a border demarcation deal. They stressed the importance of the agreement for maintaining good relations between Iraq and Kuwait. The Federal Supreme Court's ruling in September 2023 declared the bilateral agreement unconstitutional, a decision Kuwait criticized for containing "historical fallacies."